Bill Text: HI HB715 | 2016 | Regular Session | Amended
Bill Title: Low-speed Electric Bicycles; Bicycles
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Enrolled - Dead) 2016-04-15 - Received notice of discharge of conferees (Hse. Com. No. 610). [HB715 Detail]
Download: Hawaii-2016-HB715-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
715 |
|
TWENTY-EIGHTH LEGISLATURE, 2015 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 2 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO LOW-SPEED ELECTRIC BICYCLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 249-1, Hawaii Revised Statutes, is amended by amending the definitions of "bicycle", "moped", "motor vehicle", and "vehicle" to read as follows:
""Bicycle" means [every
device]:
(1) A device propelled solely by human
power upon which any person may ride, having two tandem wheels sixteen inches
in diameter or greater, and including any device generally recognized as a
bicycle though equipped with two front or two rear wheels[.]; or
(2) A low-speed electric bicycle, as defined under title 15 United States Code section 2085.
"Moped" means a device upon which a
person may ride which has two or three wheels in contact with the ground, a
motor having a maximum power output capability measured at the motor output
shaft, in accordance with the Society of Automotive Engineers standards, of two
horsepower (one thousand four hundred ninety-two watts) or less and, if it is a
combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches
(fifty cubic centimeters) and which will propel the device, unassisted, on a
level surface at a maximum speed no greater than thirty miles per hour; and a
direct or automatic power drive system which requires no clutch or gear shift
operation by the moped driver after the drive system is engaged with the power
unit[.], but excludes low-speed electric bicycles.
"Motor vehicle" means every vehicle
which is self-propelled and every vehicle which is propelled by electric power
but which is not operated upon rails, but excludes mopeds[.] and
low-speed electric bicycles.
"Vehicle" means every device in,
upon, or by which any person or property is or may be transported or drawn upon
a highway, but excludes devices moved by human power or devices used
exclusively upon stationary rails or tracks [and], mopeds[.],
and low-speed electric bicycles."
SECTION 2. Section 286-2, Hawaii Revised Statutes, is amended by amending the definitions of "bicycle", "moped", "motor vehicle", and "vehicle" to read as follows:
""Bicycle" means [every
device]:
(1) A device propelled solely by human
power upon which any person may ride, having two tandem wheels sixteen inches
in diameter or greater, and including any device generally recognized as a
bicycle though equipped with two front or two rear wheels[.]; or
(2) A low-speed electric bicycle, as defined under title 15 United States Code section 2085.
"Moped" means a device upon which a
person may ride which has two or three wheels in contact with the ground, a
motor having a maximum power output capability measured at the motor output
shaft, in accordance with the Society of Automotive Engineers standards, of two
horsepower (one thousand four hundred ninety-two watts) or less and, if it is a
combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches
(fifty cubic centimeters) and which will propel the moped, unassisted, on a
level surface at a maximum speed no greater than thirty miles per hour; and a
direct or automatic power drive system which requires no clutch or gear shift
operation by the moped driver after the drive system is engaged with the power
unit[.], but excludes low-speed electric bicycles.
"Motor vehicle" means every vehicle
which is self-propelled and every vehicle which is propelled by electric power
but which is not operated upon rails, but excludes a moped[.] and a
low-speed electric bicycle.
"Vehicle" means every device in,
upon, or by which any person or property is or may be transported or drawn upon
a highway, but excludes devices moved by human power or devices used
exclusively upon stationary rails or tracks [and], mopeds[.],
and low-speed electric bicycles."
SECTION 3. Section 291C-1, Hawaii Revised Statutes, is amended by amending the definitions of "bicycle", "moped", and "motor vehicle" to read as follows:
""Bicycle" means [every
vehicle]:
(1) A vehicle propelled solely by human
power upon which any person may ride, having two tandem wheels, and including
any vehicle generally recognized as a bicycle though equipped with two front or
two rear wheels except a toy bicycle[.]; or
(2) A low-speed electric bicycle, as defined under title 15 United States Code section 2085.
"Moped" means a device upon which a
person may ride which has two or three wheels in contact with the ground, a
motor having a maximum power output capability measured at the motor output
shaft, in accordance with the Society of Automotive Engineers standards, of two
horsepower (one thousand four hundred ninety-two watts) or less and, if it is a
combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches
(fifty cubic centimeters) and which will propel the device unassisted, on a
level surface at a maximum speed no greater than thirty miles per hour; and a
direct or automatic power drive system which requires no clutch or gear shift
operation by the moped driver after the drive system is engaged with the power
unit[.], but excludes low-speed electric bicycles.
"Motor vehicle" means every vehicle
which is self-propelled and every vehicle which is propelled by electric power
but not operated upon rails but excludes a moped[.] and a low-speed
electric bicycle."
SECTION 4. Section 291C-148, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Unless otherwise prohibited, a
bicycle may be driven at a speed of ten miles per hour or less on a sidewalk or
sidewalk area; provided that the driver of the bicycle shall yield the
right-of-way to any pedestrian and that bicycle riding shall be prohibited on
sidewalks in business districts[.]; provided further that low-speed
electric bicycle riding shall be prohibited on all sidewalks."
SECTION 5. Section 293-1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§293-1[]] Defacing
serial numbers, etc., of bicycles. It shall be unlawful for any person to
wilfully deface, destroy, or alter the serial number, a component part number,
or identification mark of any bicycle, including a low-speed electric
bicycle as defined under title 15 United States Code section 2085, so
placed or stamped on any bicycle by the manufacturer for the purpose of
identifying the bicycle or its component parts.
This section does not prohibit the restoration by an owner of an original mark or number, when the restoration is authorized in writing by the county treasurer or director of finance, nor prevent any manufacturer from placing in the ordinary course of business, numbers or marks upon new bicycles or new parts thereof. Violation of this section shall be a misdemeanor and shall result in a fine of not more than $500."
SECTION 6. Section 293-2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§293-2[]] Bicycle
dealers, records required. All persons selling new bicycles [to others],
including a low-speed electric bicycle as defined under title 15 United States
Code section 2085, as a business shall keep a record for four years after
the sale of a bicycle of the name of the purchaser, and the serial number,
description, and make of the bicycle sold to the purchaser. This record may be
inspected by the police during reasonable business hours."
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on March 15, 2038.
Report Title:
Low-speed Electric Bicycles; Bicycles
Description:
Clarifies the definition of "bicycles" for purposes of county vehicular taxes, highway safety laws, statewide traffic code, and bicycle laws by adding "low-speed electric bicycles" and defining low-speed electric bicycles. Excludes low-speed electric bicycles from the definitions of "moped", "motor vehicle", and "vehicle". Prohibits low-speed electric bicycle riding on all sidewalks. Effective 3/15/2038. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
